9.109-2
Prohibition
Contracting officers are strictly prohibited from awarding, renewing, or extending contracts with entities excluded in SAM for violating arms control treaties or agreements with the United States.
Overview
FAR 9.109-2 establishes a strict prohibition against awarding, renewing, or extending contracts for products or services with any entity listed as excluded in the System for Award Management (SAM) due to involvement in activities that violate arms control treaties or agreements with the United States. This rule is designed to ensure that federal funds are not used to support entities that have engaged in prohibited arms-related activities, reinforcing U.S. compliance with international arms control obligations.
Key Rules
- No Contract Awards to Excluded Entities
- Contracting officers are forbidden from awarding, renewing, or extending contracts with entities excluded in SAM for arms control violations.
- SAM Verification Requirement
- Contracting officers must check SAM to confirm that a prospective contractor is not excluded for arms control violations before proceeding with any contract action.
Responsibilities
- Contracting Officers: Must verify contractor eligibility in SAM and ensure no contract action is taken with excluded entities.
- Contractors: Must ensure they are not listed as excluded in SAM for arms control violations to be eligible for federal contracts.
- Agencies: Must enforce compliance and maintain oversight to prevent prohibited contracting actions.
Practical Implications
- This regulation prevents federal contracts from supporting entities that undermine U.S. arms control commitments.
- Contracting officers must integrate SAM checks into their procurement processes to avoid inadvertent violations.
- Failure to comply can result in contract invalidation and potential legal or administrative consequences.